As thousands of asylum seekers approach the Southern border in “caravans,” the Trump Administration is reacting harshly. Border Patrol Agents fired tear gas at men, women, and children. The crossing at San Ysidro has been closed, resulting in significant economic losses in San Diego (businesses on the U.S. side earn between $10 and $15 million per day from Mexican consumers). And U.S. immigration authorities are essentially denying migrants’ right to apply for asylum by insisting that they can process only 60 to 100 cases per day.
DHS Secretary Kirstjen Nielsen writes that the “caravan… entered Mexico violently and attacked border police in two other countries.” She states that the caravan is well organized and includes more than 8,500 individuals, with more on the way. Most of the migrants are men, she writes, and the “limited number of women and children in the caravan are being used by the organizers as ‘human shields’ when they confront law enforcement.” Secretary Nielsen claims that, “we have confirmed that there are over 600 convicted criminals traveling with the caravan flow.” How this has been “confirmed,” she dos not say. Secretary Nielsen also states that most migrants are coming here for jobs or to reunite with family members, and notes that, “Historically, less than 10% of those who claim asylum from Guatemala, Honduras, and El Salvador are found eligible by a federal judge.”
Others who have witnessed the migration paint a somewhat different picture. For example, a photojournalist who traveled with the caravan in Mexico estimates that 25 to 30 percent of the migrants are families with children. Other members of the group are elderly. “Though many were fatigued and battered by the experience,” he writes, “they often expressed a good deal of hope for what awaited them at the border.” Another journalist who interviewed migrants found that the people he spoke to were fleeing violence in their home country.
So there is disagreement over who the migrants are, and why they are coming here. But what are the legal, policy, and political implications of the caravan?
First, anyone who arrives at a U.S. border is entitled to apply for asylum. The law on this point is pretty clear–
Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section….
The Trump Administration wants asylum seekers to wait outside the U.S. while their cases are decided. Whether this is lawful is not so clear. The law seems silent on this point, though the Attorney General has the authority to “establish a procedure for the consideration of asylum applications.” Arguably this would include where the applicants must wait while their cases are adjudicated. My guess is that this “wait in Mexico” policy–like most of the Administration’s other policies–will be subject to a court challenge.
There are also practical and policy implications for how we deal with the caravan. The Trump Administration claims that it only has the capacity to process 60 to 100 cases per day. This, I don’t believe. Statistics from the Asylum Division show that in FY 2018, Asylum Officers conducted an average of 253 credible and reasonable fear interviews per day (assuming the Officers are working 365 days per year), and in the busiest month (June 2018), they conducted an average of 318 interviews per day (again, working every day). Admittedly, these figures are for all parts of the country, but they illustrate the government’s capacity to deal with a crisis if it chooses to.
At the present rate, the government will need 3 to 5 months to screen the current group of people waiting at the San Ysidro crossing (assuming that no more asylum seekers arrive there). Whether Mexico has the will, ability or legal obligation to accommodate large numbers of people waiting for asylum in the U.S., I do not know. Rumors of an agreement between the Trump Administration and the incoming Mexican President are still unconfirmed, but even if Mexico agrees to host the migrants, it is unclear whether they can deal with so many people.
The legal effect of the long wait is clear: Some asylum seekers will be denied their right to seek asylum in the U.S. The practical effects are also pretty obvious. The Mexican side of the border is unsafe and economically weak. The migrants will have a hard time remaining there while they wait for decisions. Imposing cruel conditions on people fleeing persecution seems an inhumane way to deter people from exercising their legal right to seek asylum, but that has been the modus operandi of the current Administration.
I imagine there will also be political and economic consequences for our country if large numbers of Central Americans get stuck on the Mexican side of the border. Besides straining relations with Mexico, we set a bad example. If the U.S. rejects these relatively few refugees, will other countries follow our lead and deny protection to people fleeing persecution? Will they use violence to keep refugees out? The implications for international humanitarian law are potentially dire.
While I am no fan of the Trump Administration’s border policies (or most of its other policies), it is not enough to criticize without offering an alternative. That is easier said than done. Compared to migrations in the past, the current numbers are relatively modest. Indeed, the overall number of illegal entrants for 2017 is significantly down from peak periods in 2014 (for Central Americans – down 41%) and 2007 (for Mexicans – down 80%). Nevertheless, our country’s tolerance for immigration seems lower, and something needs to be done.
One idea (possibly DOA from a political standpoint) is to make the argument that screening and admitting asylum seekers is good for us. First, helping people who are fleeing harm is the right thing to do. Also, asylum seekers are less likely to commit crimes than the average American, they tend to use fewer public benefits, and they are a net economic gain for our country. Certainly, we should be working to convince the general public that a more liberal immigration policy would be beneficial.
But in examining policies solutions, we need to keep in mind that most Central American asylum seekers will not qualify for protection. This is not because their countries are safe. Rather, it is because the type of harm most Central Americans face does not easily fit within the legal framework of asylum (also, many such applicants lack legal representation and cannot properly present their cases). Unless this changes, it makes sense to process the cases as quickly and fairly as possible, and to return those who do not qualify for protection.
Also, we need to decide where and how people will wait for their decisions. How many asylum seekers abscond rather than appear for hearings? Are some types of migrants (families, for example) less likely to abscond than others? Do we need detention or “wait in Mexico” at all? If so, do alternatives to detention (such as ankle bracelets) work? How can large numbers of refugees be kept safely for a period of months? These are not easy questions to answer, but the answers are knowable and I have little doubt that we can manage the border humanely and honorably, if we so choose.
In the wake of Democratic successes in the 2018 election, politicians may conclude that they have more to gain by working towards immigration reform than by using immigrants as boogeymen to rally voters. But compromise is not easy. It requires that we all do something that is not very American: Accepting less than everything we wanted. I doubt that any reform would give us the immigration system that I envision, but I still feel hopeful that we could end up with something better for our country–and better for immigrants and asylum seekers–than we have now.
Hello there, I need little help to apply for EAD Renewal.. my asylums case was closed and they approved me CAT protection. I want to know what’s my immigration status right now. What should I Fillout on “Your Current immigration status or Catagory” on EAD renewal form. Thank you.
Your status is that you were ordered deported but granted withholding or deferral of removal (deportation) based on the Convention Against Torture. If you check the Direct Mailing Addresses page of the I-765 website (available at http://www.uscis.gov), you should find your category for the EAD and the mailing address. Take care, Jason
Thank you for you help about this matter… my EAD category is C08 which is going to expire in next 180 days, and my current Catagory code is A10 for renewing EAD with different Catagory from current Catagory do I need specific form for that or just indicate my Catagory code in i765 form. Do I need to submit additional document with it. ?? Thank you so much
The I-765 form is used for the EAD for all categories – you just enter the category code on the form. As for the documents, different categories require different documents, you have to check the I-765 instructions. Take care, Jason
Hi Jason,
I am us citizen and I petition my mum.
In home country the condition is not good.
My question:
1- if the petition got denied for any reason can I bring my mum as she has visitor Visa and apply for asylum ?
If she has a visitor’s visa, she can come here immediately. You can then file the GC application for her from here (though you should wait at least 60 days after she arrives in the US before you file – otherwise, USCIS might consider that she committed fraud by using a visitor’s visa when her real intention was to immigrate). If for some reason your petition does not work, she can come here and seek asylum. Take care, Jason
Hi Jason
I came here for PHD, but I switched it to master degree because of home country issues. I want to apply for asylum next year. Do you think this switching will affect the outcome of my asylum?
Hi
I came here for PHD, but I switched it to master degree because of home country issues. I want to apply for asylum next year. Do you think this switching degree will affect the outcome of my asylum?
Thanks a lot in advance
I doubt that would affect the case. Keep in mind the one year filing deadline and its exceptions – I wrote about that on January 18, 2018. Take care, Jason
Hi Jason!
Hope you’re doing great! My question is that I applied for asylum three years ago. A lot has been changed in my life and situation since then.Can I add other reasons (basis of asylum) to my application once I get my interview turn or not? And how would it affect my case? Positively or negatively?
Thank you!
If there are new developments, you can certain supplement your affidavit and evidence. Some asylum offices have rules about when you must submit evidence – in my local office, evidence must be submitted at least one week before the interview. You can contact your local office to ask about the rules. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Whether the new info will help or hurt your case, I do not know – it depends on what the info is. Take care, Jason
Hello, Jason,
Can I expedite the decision of asylum case as I am a disabled with documented severe pain and depression?. My health condition is getting worse and worse.
thank a lot to you
It is difficult to expedite a decision, as the time frame is often dependent on security checks, which are beyond the control of the Asylum Office. Nevertheless, you can try. Contact them and tell them about the problem and ask to expedite. I wrote about expediting interviews on March 30, 2017. That post might be helpful in your situation as well. Take care, Jason
[…] Asylumist has a good discussion (Nov. 28) of the controversies and the confusion among even mainstream media outlets as to what is […]
Hi Jason what’s the link to submit your expedite request by yourself. My attorney needs a time for more than a month to submit it but at least I told her I might do it by my own. Can you please let me know if can send through email or by post which ever you think is good and let me know what’s the link to office in NY Maspeth office. I’ll appreciate you.
Thanks.
Different offices have different procedures. Contact your local office and ask about expediting. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Also, make sure to coordinate with the lawyer so that the lawyer is not surprised by an expedited interview. You need to make sure the case is complete in case the interview is expedited. Take care, Jason
Hello sir. I had my interview two month ago, is it possible I can expedite my interview result? If yes what’s the process, same like I did for my interview?
Thank You
Probably the most you can do at this point is to contact the asylum office and inquire about the case. If you have a reason you need to expedite, you can tell them. Take care, Jason
Hi Jason.I granted Asylum by IJ in June 2018.I applied for my family in my home country i730 forms. i check case online weekly.summary of case is this: 1.on july 17,2018 i730 forms received by uscis service center 2. on september 19,2018 i saw online written as: your forms received by local office.3. now on November 29,2018 showing online as:
On November 29, 2018, we transferred your Form I-730, Refugee/Asylee Relative Petition, Receipt Number ………. to another USCIS office. That office now has jurisdiction over your case. We sent you a notice that explains why we moved your case. Please follow the instructions in the notice. If you do not receive your notice by December 29, 2018, please go to http://www.uscis.gov/e-request to request a copy of the notice. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
So what means by above new update plz?!
It sounds like you should receive a notice in the mail. It may take a week or two, and then you can respond as needed. I think processing time for an I-730 is between 7 and 10 months, so you are still within the normal time frame. Take care, Jason
Why they are sending notice? It is an problem?
Maybe they need more evidence. There is no way to know until you receive it, which should be soon. Take care, Jason
Dear Jason,
I have to submit my birth certificate.
The birth certificate is not in English.
I translated them to English but my questions:
1- Do I need to submit the original Translation or just a copy of them (as the translation was done overseas)
2-Also what about the birth certificate itseld. Should it be original or just a copy ?
Thank you
You can submit copies of the translation and the original, plus a certificate of translation. I wrote something about translations on August 24, 2017. Maybe that would help. Take care, Jason
Could you please clarify what certificate of translator is.
The translator is overseas ???
The article I send you has a link to an example certificate, but it is just a document stating that the person speaks both languages and that the translation is accurate. Include the translator’s name, contact info, and signature. Take care, Jason
Any thoughts on asylum now that Jeff Session is gone? I have no love for Sessions but was glad that at least his “law and order” orientation did extend to hate crimes, hate groups, etc. Do you think there will be a change in terms of domestic violence, gang violence in terms of grounds for asylum? Is the domestic violence, gang violence directive now law or is it in the process of being litigated? Also, do you have a perspective on the best ways to deal with immigration from (essentially) failed states that cannot provide basic security for their citizens? Anyone can understand why someone leaves a village in Central America that is subject to gang violence, rape, cartel control, etc. Why is there no attempt at a regional solution? Also, will you have anything for us on the elder Bush and immigration? Sorry for the diverse questions but curious about your thoughts.
I would just comment on the Sessions’s decision Matter of A-B-.
First it’s not a law per se but it is binding for DHS and DoJ. The decision has been upheld by at least by federal court.
That being said, I also see no issues with this decision.
Firstly, A-B- does not on itself, deny asylum for domestic violence nor gang violence. People can still make a case based on those factor. What it says, however, is that SOELY claiming asylum from these events is not sufficient. The US asylum bar is very high. The term “particular social group” is ill-defined and abused. The AG rightfully reminded the IJ in the decision to apply correct standard here. Women and men suffer from domestic violence in the United States might not be able to claim asylum in Canada. So the media report of “denying asylum for victims of domestic violence” is both misleading and not supported by law.
Secondly, the AG has the lawful authority to scope the definition of a particular social group, considering the precedents sets by courts and DOJ. Such a determination will not be reviewable by the courts. So technically speaking it is very difficult for any courts to overturn A-B-.
Thirdly, as the Session’s argument is legally and logically sound, even a liberal AG will have a hard time over-turn A-B-.
Lastly, again, A-B- does not mean that you cannot claim asylum based on domestic violence or Gang violence. But the emphasis here is that, you have to show that the government was not able or unwilling to protect you from these violence. That suppose to be a high standard. (For example, there are countless cases in the United States where victims of domestic violence were killed by their partner even after they seek government protections, and also there are countless people died of gang related violence. The expectation of a government to prevent each and every case is not realistic and impossible to achieve. Thus the bar to this argument should be very high. Specifically in A-B-, the women was able to get restraining orders and had him arrested on at least one occasion. As such, Sessions rightfully overturned BIA’s decision.)
One point – AB can be reviewed by a federal court, and it potentially could be found unlawful. While the AG has significant leeway to interpret the immigration law, including the meaning of particular social group, he does not have unlimited leeway (this is where “Chevron deference” comes into play). Whether the AG abused his discretion, I do not know. I expect AB will be upheld, but there is no guarantee. Take care, Jason
VVN, first of all, there are currently court challenges to the A-B- decision. And, yes, if I am not mistaken, the circuit courts, though deference is usually given to the AG’s decisions, can overturn A-B-.
Secondly, I agree with you as it concerns the legal authority that the A-B- decision has. However, I disagree with your reasoning- and thus your conclusion. I also don’t know how much leeway the AG has to redefine asylum laws- specifically who can be considered a refugee. He may have leeway when there are poorly defined/explained groups/laws, such as the one we are discussing.
To me, the A-B- decision was arbitrary and redundant, to say the least. Further, the A-B decision- I prefer to call it “reminder”-simply rehashed existing asylum laws. Of course, targeting specific groups does make it significantly harder for the targeted group to win asylum. In other words, the probability of Central American asylum applicants winning asylum has taken a turn for the worse, due to these groups of applicants not perfectly fitting into the definition of a PSG, which is then further compounded by their groups being placed in a negative spotlight. If we can recall, victims of domestic and gang violence, most of whom come from Central America, have always had a very high bar to overcome because of an oblique definition/explanation of PSG. As such, these claims have the highest denial rates. Who exactly, then, is the AG “reminding”? The asylum applicants? The judges?
I also don’t agree that it is technically difficult to overturn the A-B- decision, especially since, as you rightly said, the definition of a social group is ill-defined. Furthermore, fitting into a social group shouldn’t hinged on how much your government can or is able to protect you. That should be one of the legal hurdles. If so, the AG should just “overturn” all the other decisions- precedents and administrative- and emphasize “government protection” as the determining factor. This emphasis, though already emphasized in the asylum law should, therefore, “extend” to all categories of asylum seekers and not just a particular group of applicants.
Now that’s out of the way, my usual rants or tangents are as follows:
What is a PSG? The key Board decision on the meaning of “a particular social group” requires that members of the group share a “common, immutable” trait. Matter of Acosta , 19 I. & N. Dec. at 233. Common, immutable traits (sex, color, kinship ties, or past experience) are traits that a member cannot change, or one that is fundamental to the identity or conscience of the member. Some courts have also incorporated in their interpretations of social group factors such as past shared experience, how distinguished the group is from the general population (whether the group is understood and recognized to be a societal faction or segment of the population), collection of people who are closely affiliated with each other by some common interest or impulse, etc.
Should we then view domestic violence from Central America, for example, the same way we view domestic violence from Canada or North America? Should we consider cultural elements and societal attitudes toward the member(s) when adjudicating a claim for asylum under PSG? Should we place more emphasis on the level of protection- which you and the A-B decision seem to be underscoring- the government can or does provide victims of domestic and gang violence? Did the AG agree that there is a possibility that victims of domestic and gang violence in Central America meet the other legal definition of a social group but need to prove, undoubtedly, that their governments are unwilling or not able to provide protection? If so, how do we determine what is an acceptable level of protection afforded by the government, especially when we take culture and societal attitudes into consideration? Is the harm widespread? Does the government, though willing to provide protection, have the ability to provide the protection?
Is the harm as a result of the member’s age, familial association, gender, previous membership in the US army…? Can a man, for example, be a victim of domestic violence purely from a cultural standpoint? If a man can’t be a victim of domestic violence, could we safely argue that it’s technically because of the woman’s gender or marital status? How does the general society view the member because of his/her age or assimilation into another culture, for example?
The result of the A-B- ruling has allowed for may judges to indiscriminately deny gang and domestic violence cases, and in some cases flippantly dismiss the claims made by the asylum seekers by quoting the A-B- ruling.
I am therefore advocating that all asylum claims get a fair hearing or interview. I am also advocating that asylum claims, though they may appear ineligible on the face of it, be adjudicated using honest and ethical application(s) of the laws. I am also advocating that asylum applicants be treated humanely.
I fear you will not get a job with the Trump Administration any time soon…
LOL Jason, I agree! After all, I am one of the persona non gratae in their minds.
The new AG seems pretty weak to me, but I do not know what to expect from him in terms of immigration. As I understand it, Sessions was not the driving force behind a lot of the recent changes; it was people under him who are more familiar with the specifics of immigration law, so maybe that is a reason to expect continuity going forward. For failed states, you still need to show a specific harm. For example, when we do a case from Iraq or Yemen, we need to show that someone or some group wants to harm the client and that the government is unable and unwilling to protect the person. Being from a failed state, without more, is not enough to win an asylum case. As for Bush Sr., I’ve seen a lot of negative commentary from other immigration lawyers, but I don’t have strong feelings about it. I disagreed with much of what he did, but I disagreed with most other presidents as well. I don’t really know enough about his policies towards asylum seekers, so probably will have no comment. Take care, Jason
Hello Jason,
As ‘advised’ my sscard (included in my ead application) arrived this past weekend, thank you.
My ead application was approved since 19th of November and the card is yet to arrive neither did my status changed online. I read in a different post (USCIS FAQ session) where it was stated that an individual could make a service request for release of the card 30days following approval notice.
In your experience, is it a smart move to pursue, what are my best options( if any) at this point?
Regards
I think there is not much to do. It has been less than 2 weeks, so you will probably get the card soon. As long as USCIS has your correct address, you should be fine. Take care, Jason
Thank you Jason.
Hi Jason,
Thank you so much for being a source of hope for a lot of us. Your site has helped me cope with the uncertainties of USCIS that added to my PTSD.
I have quick question. What happens if one gets granted asylum and there are apparent improvements in country condition but the asylee is still afraid of returning? Will it be a bar to green card from USCIS’s point of view and citizenship later on?
Thank you,
AR
If a person wins and then the country becomes safe, asylum can be taken away. That is why it is a good idea to apply for the green card. This rarely happens, and if it is still dangerous for you, even if the country has improved, there should be no effect on your asylum status. Take care, Jason
Hello Jason,
I went to interview seven months ago and still waiting for decision. I want to marrige with my US citizen fiance, can i withdraw my asylum application after interview in order to avoid delay of adjustment status based on marriage?
Thanks
For our cases, we do not withdraw the asylum. We only do that once the person gets the GC or if there is a delay in the GC process. I wrote about that on August 8, 2018. Take care, Jason
Hi Jason,
Good Afteroon,
is there any possibility to get NOID after many months/year after interview? Did you have any cases where NOID (s) are issued after months and years?
Thank you
You can only get a NOID if you have some other lawful status (maybe F1 or H1b). Usually, people who wait a long time have no other status, but if you do, you can get a NOID even after a long wait. I do not recall receiving a NOID for any client who waited years, but we have probably had them for clients who waited months after the interview. Take care, Jason
Hello Jason,
What the process of receiving the decision from the asylum office? All what I know that I have to take the paper that says to return after 2 weeks with me.
1- Who will give me the decision? The same officer who interviewed me, the receptionist saftey guards at the front door, or one of the workers behind the windows?
2- Is there any specific advice you may mention while receiving the decision?
3- In “the asylumist” articles log, Is there any previous article discusses a post decision situation? What is the best practice and what should be done in either grant or NOID caaes?
4- Guys, pray for me. I have suffered a lot!
1 – The receptionist. 2 – No, but be aware that it is common for them to contact you and tell you that the pick-up decision has been changed to a mail-out decision, so you have to be patient. 3 – I wrote about grants on August 16, 2018. I wrote about NOIDS on February 21, 2018. Good luck, Jason
Hi Ertugrul , My case also send to HQ for review it’s almost 17 mounts that I’m waiting for decision I don’t know how long it will take can you share your timeline ?
Hello Nasir,
– mid 2013: applied for asylum in LA office.
– early 2014: applied for a shortlist
– mid 2014: they called me for interview because of the shortlist. However, I had to apologize, my wife was giving a birth at that date. They said they will call one they have vacancy.
– mid 2015: 1st interview. They didn’t give me the paper after the interview which says to come after 2 weeks. But, they originally said they will mail the decision.
– early 2016: sought a congressman help who found that my case is at the HQ.
– mid 2017: relocated to SF office.
– late 2017: 2nd interview. They called me after the interview to cancel the decision pickup.
– mid 2018: sought a congressman help. Explained to him a humanterian situation. He called the asylum office 3 times and tried his best to push the case which resulted in a third interview.
– late 2018: 3rd interview.
I am waiting for my decision now. Pray for me.
Note: I have seen another person with the same first name “Ertugrul” on this forum. He has been suffering a lot as well with different story and office. Just wanted to mention to not get confused.
Wish you the best of luck. You have waited a lot and I pray that you get an approval.
Hello Nasir,
i have been waiting for Decision for 16 months, and i inquired twice about my case, first time they replied that’s pending for background check, second time they said that there some unresolved issue in my case and that could produce extra delay in my case, so i have no idea where my case is standing right now, but out of curiosity i want to know how your case was sent to HQ, and some lawyers recommend not to talk to any congress man ( as keep inquiring my break the Boat ) and some other said that there’s no hurt talking to Congress man to inquire about my case, so i’m lost between both thoughts, taking in consideration that i live in Boston area.
For what it’s worth, I’ve never heard about any negative effects of asking for help from a Congress person. Take care, Jason
Hey Jason.
How is the situation at Arlington Asylum office? What cAn u tell us about First In First out rule? How’s the backlog there? I have a case pending since May 2015, i guess I won’t see my interview anytime soon unless expedite?
How do asylum officers feel about people who have been waiting here for 5+ years?
Hi, I also applied at the same office in November 2014. And still no interview .
They are following LIFO, and if they have extra time, they are doing old cases. We were just there for a December 2014 case, and I think some cases from early 2015 have been interviewed, so maybe an interview is not as far away as you fear. Of course, you can try to expedite if you want (I wrote about that on March 30, 2017). I do believe they care about the cases and want to move them along, but things are still going slowly. Take care, Jason
Hi Jason and everyone,
As a Asylum Granted can i be eligible for Financial aid or I should wait until I become Permanent Resident (Green card)?
Thanks
Some people seem to get financial aid if they have asylum. Talk to the school – usually, they can help. Take care, Jason
Hi Jason:
Also,
How do you evaluate winning of Afghanistan cases with having strong case as the situation in there is obvious. I am sure you might have Afghans cases.
Regards,
We have a lot of Afghan cases. For people who work for international organizations, the danger is clear from country conditions (including the US State Department Human Rights Report). The person still usually needs to show that they have a threat, but at least in my experience, such cases tend to be very strong. Take care, Jason
Hi Mr.Jason:
I decided to get my driving license in next week, and prepared all necessary documents for it. However, I am much double-minded about it, I heard that even if I recieve a single ticket for a light from police, it will affect decision of my asylum application.
If it is the case, I think it is a big a problem. I personally will not commit a mistake intentionally, but we are human beings, we may face such issues to receive a ticket maybe for a small mistake besides from speeding and reckless driving, which is a crime.
I will do my best to drive as safe as possible but I still can not guarantee, maybe I do a mistake since I am new to USA.
Can you please guide me about this, as it is almost impossible to not have driving license in here.
Regards and thanks a million for such help you doing for us. God bless you.
A normal ticket has no effect on an asylum case (drunk driving or reckless driving, etc. are a different story). In fact, I was at an asylum interview two days ago where the applicant mentioned that he had a ticket and the officer specifically told him that she did not need to know about tickets. Take care, Jason
Jason, I don’t think a ticket will have a significant impact on an asylum officer’s decision. It may or may not have an impact if the tickets are not paid and the applicant has several tickets. It also depends on the type of ticket. Even so, that shouldn’t necessarily prevent an applicant from getting asylum. Where getting tickets can have an impact is when you are adjusting status or naturalizing. It’s a whole different ball game for AOS and naturalization. They deny your AOS and naturalization applications for very simple mistakes, let alone having tickets.
Even for Naturalization or a GC, tickets should not matter, unless it is also a crime. Take care, Jason
Hi Jason,
Next month i have a interview ,i would like to know in 2016 November month i got reckless driving ticket and i paid by online to court 450$ ,Now this will affect my case am worried.
Thanks,
VJ
I do not know – my guess is that it will not, but this could impact good moral character, which is a factor in the discretionary determination (if you are eligible for asylum, it will only be granted if you deserve asylum as a matter of discretion). In the end, I doubt it will have any effect, but you might want to talk to a lawyer to be safe, or at least submit evidence that you paid a fine, took the class, or whatever you did after you got the ticket. Take care, Jason
Hi Jason,
I have the evidence that i paid for the ticket $430 in Virginia,Brunswick General District court. And i checked in online still my case details is there .
Can you please suggest me in the interview should i tell this that i got a reckless driving ticket are no need to tell.
Thanks,
VJ
I think they will know regardless of whether you tell them or not, so if you do not tell them, they may think you are lying to cover it up, which would be a problem. Better to tell them and have evidence that you paid. My guess is that this offense will not be a major factor in the case (unless you try to hide it). Take care, Jason
Hi Jason
I have a J1 visa with 2 years requirement. I have applied for asylum. Still I need to apply for J1 visa waiver ? Will approved asylum waive off 2 years home residency issue?
Thank you so much
If you win asylum, the home-residency requirement no longer applies. I have researched the issue before, but I do not recall the section of the Code of Federal Regulations that contains that provision. Maybe if you looked there about J visas, you would find it. Take care, Jason
“I imagine there will also be political and economic consequences for our country if large numbers of Central Americans get stuck on the Mexican side of the border. Besides straining relations with Mexico, we set a bad example. If the U.S. rejects these relatively few refugees, will other countries follow our lead and deny protection to people fleeing persecution? Will they use violence to keep refugees out? The implications for international humanitarian law are potentially dire.” Jason, well said!
Recovering from this “dumpster fire” is not going to be easy…
As an asylum seeker, this is not an easy situation for USA. We don’t have to expect a country to accept a huge number of people seeking asylum. Accepting them will encourage the others and this can be worse in the future. USA has to find humanitarian solution but sometimes it is almost impossible. I am not sure but If they follow normal procedure and say that “you can wait inside the country during process” it is most likely that They will choose to be illegal. I am liberal but trying to see other side of the problem.
I agree that this is a problem. Also, allowing people into the country will encourage others. On the other hand, the actual numbers of migrants are not so great compared to other refugee flows, and we are a very wealthy country. Also, we have our humanitarian obligations that are codified in law. If we want to deny entry to more refugees, we should change the law. As the situation stands now, our government is effectively violating the law by not allowing people to seek asylum. I do think we can handle the numbers of people, and it is true that most will not qualify, so we need to find a way to let those in who do qualify, and quickly deport those who do not (recognizing that many of those will face harm upon return, even though that harm does not qualify them for asylum). Take care, Jason
Andrew, first of all, prefacing your argument with “as an asylum seeker”- or using anecdotal fallacy and calling yourself liberal- does not make your argument sound more logical. What does you as an asylum seeker, perhaps an affirmative asylum seeker, have to do with the situation at the border?
Of course asylum is discretionary- just like any other category of immigrants, as a vote in congress today can deny immigration benefit to any category of immigrants- but why become signatory to something you have no intention of being committed to? Why make or have laws that you don’t follow?
What exactly do you mean by accepting them will encourage the others? If your argument is true, why should they accept you or me, and wouldn’t accepting you and me encouraging other people to seek asylum?
The US is much wealthier and more powerful than Canada and many European countries; these countries take in millions of refugees. The number of refugees the US accepts is pale in comparison to the number of refugees that Europe accepts. Europe and Canada seem to be doing well despite the number of refugees they accept- especially when you consider the fact that they are not as powerful and wealthy as the US. How then is humanely hearing asylum claims for a few thousand migrants impossible for the most powerful- and possible richest in terms of GDP- country on earth?
What do you mean by “follow normal procedure”? I am not sure what you mean by normal procedure; however, I am going to assume that you meant the way the migrants are trying to enter the US. First of all, there is no “normal procedure” when it comes to submitting a claim for asylum as per the INA. The law allows for anyone to claim asylum despite how they arrive in the US or at the border. Second, why do you assume they would want to remain undocumented in the US if they are allowed to come into the US with pending asylum applications? Did you opt to remain undocumented? The chance of them being undocumented is less than people, like you, who came through an airport as they are usually screened at the border and their biographical information taken.
Furthermore, did it ever occur to you that claiming asylum at the border is their only option? Do you think they would risk their lives travelling thousand of miles by foot to come to the border to seek asylum when they could come by air and claim asylum affirmatively? What makes you think that because you came through an airport you are better?
While I understand that many of the migrants may not qualify for asylum, we should not be quick to judge and label the migrants as “others”. It is natural for people to flee threats and violence. People have been fleeing violence, poverty and threats for centuries. This is not new!
I also understand that the situation at the border may make some of us very uncomfortable as it may very well impact some of us who also benefit from the asylum program, one way or the other. But, even if we get up tomorrow and find out that all of the asylum seekers voluntarily returned home this would not make the current administration less hostile toward immigrants in general!
Apt!
Thank you Jason.
I did included that in my application (and contrary to what I learn from fellow on this site) the SSA rep told me on phone that I have a ssn attributed to my name already but that they will have me come to the office with relevant documents to enable them mail it out to me.
I’ll wait a little more to receive it in the mail.
Regards,
Jason,
Thank you for answering all of the questions.
Are you going to write post about the shareholder meeting ? I see the statistics but having trouble understanding if Chicago office particularly is making any progress in interviewing backlog cases. I filed my case in May 2015 and the law changed right when they were in my month. At that time they were interviewing cases from March i believe to October 2015. We were hoping that we will be scheduled in a month or two and then the law changed. I want to know if anyone has any information on how Fast/Slow is Chicago moving as this is too much time waiting just to get an interview. It’s not right at all and it makes me feel anxious and depressed every day. Thank you,
Sasha
I am working on a post about the asylum backlog, but I do not know specifically how Chicago is operating. In Virginia, for example, if they have extra time, they interview the oldest cases. Maybe Chicago is doing that too. Otherwise, the only option is to try to expedite. I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
I was granted Asylum in June 2018 and i recently change my address. How do i report my change of address. Thank you
Use form AR-11, available at http://www.uscis.gov. Take care, Jason
Hi everyone,
Has any one been interviewed lately in LA,CA office From backlog?(I applied June/2015 and haven’t interviewed yet.)
I’m from Iran.Today, I went to the Asylum office in Anaheim-CA and asked them directly about expedition and banned countries. She said me clearly that only significant health issue(cancer) cases have approved .I explained to her how much my two kids and me have been suffering from family separation since 2014.She also said most of the officers are at the border and the LIFO policy is worked. She suggested if I need more help to pick my case from backlog, ask from USCIS offices in LA or Santa Ana but I didn’t believe her.
She emphasizes They pick all cases from every country with no exception too.
I think I’ve been waiting and keep on praying .
I pray for every asylum applicant that pass this tough season as smoothly as possible.
Thanks dear Jason for your empathy and keep us updated.
God bless you and your family!
I think the country of citizenship is not relevant to how they interview cases – I was at an interview yesterday for someone from Iran (filed in December 2014 – in Virginia). I do not know the policy in CA, but as far as I know, family separation can be a reason to expedite – we have done that for people, though it is not usually accepted as a reason. I wrote more about that on March 30, 2017. I would get some evidence of the problems and try to expedite. I think you have nothing to lose. Good luck, Jason
Hello Jason / everyone.
I would like to know if anyone has been interviewed in Arlington Asylum office. what is the last month interviewed so far? Been waiting for interview since September.
Thanks
If you filed in September 2018, you may still get an interview under LIFO, but if you don’t have it soon, your case is probably in the backlog. I was there yesterday for a case filed in about December 2014. But there was a one-year bar issue, and the case may have been interviewed for that reason, or it may have been interviewed because Arlington is interviewing the oldest cases when there is extra time (after first interviewing LIFO cases). Take care, Jason
Hi Jason. When an Asylee aplies for GC,after some times when he receive GC, he recieve RTD too automatically? Or for it he has to apply separately?
You have to apply separately for the RTD. But when you pay the fee for the I-485, you can also use that same fee to get an RTD at no additional cost (I think – maybe double check the I-131 and the I-485 instructions). Take care, Jason
Thanks. That RTD will be for one year or two year? ( apply togather i485 and form i131 form)
The RTD is valid for one year, which is kind of annoying. I do not know why they don’t make it two years (or more). Take care, Jason
Hi All,
I was wondering if anyone has applied for the RTD through the Nebraska service center and how long it took. I applied for mine in sept 2018 and was hoping it will come within the 90 days. Had this happened for anyone?
We haven’t filed one in a few months, but previously, we were getting them in 3 or 4 months. Take care, Jason
Hi Asylum community,
Was any of were interviewed recently in Miami office. What the situation with backlog? For which months interviews are scheduled?
These days, Miami is by far the busiest office (thanks largely to Venezuelan cases). I think it receives 2x as many cases as the next busiest office, and so I guess things are moving slowly there, especially backlog cases. Take care, Jason
At this rate in Miami, I will be lucky to get an interview in 15 years. I have been waiting since 2015.
They tend to shift resources around to where they are needed. LA used to be the slowest office, but now it is humming along, so maybe there is hope for Miami. Also, you can always try to expedite. Take care, Jason
Thank you so much for the article Jason.
We can only will hope for a better, fairer and just world and we can only hope it comes. There’s evil, terror been perpetrated by human to fellow human world over.
One question though, I recently get an approval for ead applications and then I was wondering what I should do next regarding the Social security card. Do I need to apply to social security separately? I already included that in my ead application.
Cheers!
If you included that in your application, you should get the card in the mail soon. If not, maybe contact the local SS office to ask about that. Take care, Jason